Corporate Representation By Counsel

Today's Superior Court decision in Piscitello v. 652107 Ontario Limited (Rossi & Expert Concrete Masonry And Forming), 2008 CanLII 12118 deals with a few procedural issues including when an artificial person must be represented by counsel.

The decision is very sensible and sets out the issue clearly:

[10] Regarding the request for Ontario to appoint a solicitor of record, I note that Rule 15.01(2) requires a corporate litigant to be represented by a solicitor, except with leave of the court.

[11] Generally, a corporate litigant should be represented by a solicitor. See the case of 924147 Canada Ltd. v. Canadian Film Development Corp., 46 O.R. (2d) 769 at para. 1.

[12] In deciding whether to grant leave to a corporation to be represented by a non-solicitor the court should take into account the internal structure of the corporation, the authority of the proposed representative to act for the corporation, the nature of the action, the complexity of the action, and any prejudice that may be caused to the opposing parties. See the case of 419212 Ontario Ltd. v. Astrochrome Crankshaft Toronto Ltd., 3 O.R. (3d) 116 at para. 13.

[13] In the present case, the issues are modest in complexity. The case involves allegations that Ontario was negligent with respect to the concrete foundation that it constructed for the plaintiff. The non-solicitor representative of Ontario, Fred Rossi, has the authority to speak for Ontario and has the technical knowledge to address the relevant issues.

[14] The fact that Mr. Rossi does not have a legal background and does not have comprehensive knowledge of legal procedures will not be prejudicial to the plaintiff. On the contrary, any failure of Ontario to comply with the Rules of Civil Procedure will likely be prejudicial to Ontario, and will likely be to the benefit of the plaintiff. Therefore, I do not accept the argument that the plaintiff will be prejudiced if Mr. Rossi represents Ontario at trial.

James Morton
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Toronto, Ontario
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